GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 578
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Short Title: Revisions to Outdoor Advertising Laws. |
(Public) |
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Sponsors: |
Representatives Lewis, Saine, Goodman, and Hanes (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Rules, Calendar, and Operations of the House |
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April 6, 2017
A BILL TO BE ENTITLED
AN ACT TO INCREASE selective vegetation removal permit fees and to clarify standards for selective vegetation removal.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 136‑18.7 reads as rewritten:
"§ 136‑18.7. Fees.
The fee for a selective vegetation
removal permit issued pursuant to G.S. 136‑18(5), (7), and (9) is
two hundred dollars ($200.00).Article 11 of this Chapter for an outdoor
advertising location is (i) six hundred dollars ($600.00) for the initial three‑year
period listed in G.S. 136‑133.4 and (ii) two hundred dollars
($200.00) for any subsequent three‑year renewal period."
SECTION 2. G.S. 136‑93.2 reads as rewritten:
"§ 136‑93.2. Monetary value of trees.
The monetary value for existing
trees removed and eligible for reimbursement to the Department as provided in
G.S. 136‑93 or G.S. 136‑133.1 from State rights‑of‑way
shall be determined on an annual basis by the Department. In determining the
value of existing trees removed, the average cost per caliper inch shall be
based on the lower value of either the average wholesale commercial nursery
prices for hardwood and conifer plants, times a 2.5 multiplier for installation
and warranty or the average cost per caliper inch for tree planting contracts
let by the Department in the previous calendar year. The values shall be
determined and published by the Department no later than December 15 of each
year. The values established pursuant to this section shall be used in
calculating the monetary value of trees removed from State rights‑of‑way
beginning January 1 of each year. If the Department fails to publish changes in
values by December 15, then the values existing on December 15 shall be
applicable to existing trees removed and eligible for reimbursement for the following
year.forty‑five dollars ($45.00) per caliper inch."
SECTION 3. G.S. 136‑128 reads as rewritten:
"§ 136‑128. Definitions.
As used in this Article:
(1) Cross read face. – The left read advertising face for an off‑premises outdoor advertising sign that is intended for viewing and located on the opposite side of the highway to the flow of traffic on the main travel way.
(2) Direct read face. – The right read advertising face for an off‑premises outdoor advertising sign that is intended for viewing and located on the same side of the highway to the flow of traffic on the main travel way.
(3) "Erect" means toErect. – To
construct, build, raise, assemble, place, affix, attach, create, paint, draw,
or in any other way bring into being or establish.
(1a)(4) "Illegal
sign" means oneIllegal sign. – One which was erected and/or
maintained in violation of State law.
(1b)(5) "Information
center" means anInformation center. – An area or site
established and maintained at safety rest areas for the purpose of informing
the public of places of interest within the State and providing such other
information as the Department of Transportation may consider desirable.
(2)(6) "Interstate
system" means thatInterstate system. – That portion of the
National System of Interstate and Defense Highways located within the State, as
officially designated, or as may hereafter be so designated, by the Department
of Transportation, or other appropriate authorities and are also so designated
by interstate numbers. As to highways under construction so designated as
interstate highways pursuant to the above procedures, the highway shall be a
part of the interstate system for the purposes of this Article on the date the
location of the highway has been approved finally by the appropriate federal
authorities.
(2a)(7) "Nonconforming
sign" shall mean aNonconforming sign. – A sign which was
lawfully erected but which does not comply with the provisions of State law or
State rules and regulations passed at a later date or which later fails to
comply with State law or State rules or regulations due to changed conditions.
Illegally erected or maintained signs are not nonconforming signs.
(3)(8) "Outdoor
advertising" means anyOutdoor advertising. – Any outdoor sign,
display, light, device, figure, painting, drawing, message, plaque, poster,
billboard, or any other thing which is designed, intended or used to advertise
or inform, any part of the advertising or information contents of which is
visible from any place on the main‑traveled way of the interstate or
primary system, whether the same be permanent or portable installation.
(4)(9) "Primary
systems" means thePrimary systems. – The federal‑aid
primary system in existence on June 1, 1991, and any highway which is not on
that system but which is on the National Highway System. As to highways under
construction so designated as primary highways pursuant to the above
procedures, the highway shall be a part of the primary system for purposes of
this Article on the date the location of the highway has been approved finally
by the appropriate federal or State authorities.
(5)(10) "Safety
rest area" means anSafety rest area. – An area or site
established and maintained within or adjacent to the highway right‑of‑way
by or under public supervision or control, for the convenience of the traveling
public.
(6)(11) "State law"
means aState law. – A State constitutional provision or statute, or an
ordinance,a rule or regulation enacted or adopted by a State agency or
political subdivision of a State pursuant to athe State
Constitution or a statute.
(7)(12) "Unzoned
area" shall mean anUnzoned area. – An area where there is no
zoning in effect.
(8)(13) "Urban
area" shall mean anUrban area. – An area within the boundaries
or limits of any incorporated municipality having a population of five thousand
or more as determined by the latest available federal census.
(14) Viewing edge of the sign. – For a multifaced outdoor advertising sign that has either back‑to‑back sign faces or v‑typed sign faces, it is the center point between the front edges of each sign face. For a single‑faced sign or a multifaced sign that has side‑to‑side sign faces, it is the back edge away from the viewing zone of the sign face closest to the right‑of‑way.
(9)(15) "Visible"
means capableVisible. – Capable of being seen (whether or not
legible) without visual aid by a person of normal visual acuity."
SECTION 4. G.S. 136‑133.1 reads as rewritten:
"§ 136‑133.1. Outdoor advertising vegetation cutting or removal.
(a) The owner of an outdoor
advertising sign permitted under G.S. 136‑129(a)(4)G.S. 136‑129(4)
or G.S. 136‑129(a)(5)G.S. 136‑129(5) who obtains
a selective vegetation removal permit, and the owner's designees, may cut,
thin, prune, or remove vegetation in accordance with this section,
G.S. 136‑93(b), 136‑133.2, and 136‑133.4. The maximum
cut or removal zone for vegetation for each sign face shall be determined as
follows:
(1) The point located on the
edge of the right‑of‑way that is the closest point to the centerline
of the sign faceviewing edge of the sign shall be point A.
(2) The point located 200
feet down the right‑of‑way line in the direction of the sign
viewing zoneon the edge of the pavement of the main traveled way that is
closest to the viewing edge of the sign shall be point B.
(3) The point on the edge
of the pavement of the travel way, including acceleration and deceleration
ramps, that is the closest to the centerline of the sign500 feet down
the edge of the pavement of the main travel way in the direction of the sign
viewing zone from point B shall be point C.
(4) The farthest point
50 feet down the edge of the pavement in the direction of the sign viewing
zone from point Cof the sign face located from the edge of the right‑of‑way
shall be point D.
(5) The point 380 feet
down the edge of the pavement in the direction of the sign viewing zone fromon
the edge of the right‑of‑way that connects point C and point
D shall be point E; provided, however, the following shall apply within
the corporal limits and territorial jurisdiction of any city, as defined in
Chapter 160A of the General Statutes:E.
a. On interstates or other routes with fully
controlled access, the point 340 feet down the edge of the pavement in the
direction of the sign viewing zone from point C shall be point E.
b. On highways other than interstates and other
routes with fully controlled access, the point 250 feet down the edge of the
pavement in the direction of the sign viewing zone from point C shall be point
E.
(5a) The point on a center median located directly opposite point C in relation to a cross read face viewing zone and immediately adjacent to the travel way of the highway on the opposite side from the outdoor advertising sign shall be point F.
(5b) The point on a center median located directly opposite point B in relation to a cross read face viewing zone and immediately adjacent to the travel way of the highway on the opposite side from the outdoor advertising sign shall be point G.
(6) Lines drawn from point A
to point DB and from point BE to point EC
shall define the limits of the vegetation cut or removal area.area
for a direct read face. Lines drawn from point A to point B to point G and from
point E to point C to point F shall define the limits of the vegetation cut or
removal area for a cross read face.
(a1) Notwithstanding any law
to the contrary, in order to promote the outdoor advertiser's right to be
clearly viewed as set forth in G.S. 136‑127, (i) the owner of an
outdoor advertising sign who is a selective vegetation removal permittee shall
be permitted to cut or remove vegetation on private property within the zones
marked by points A to D to E with the written permission of the landowner and
(ii) the Department of Transportation, at the request of a selective
vegetation removal permittee, may approve plans for the cutting, thinning,
pruning, or removal of vegetation outside of the cut or removal zone defined in
subsection (a) of this section along acceleration or deceleration rampsor
within gores, medians, or other areas of the primary highway system so long
as the view to the outdoor advertising sign will be improved and the total aggregate
area of cutting or removal does not exceed the maximum allowed in subsection
(a) of this section.safety of the traveling public is protected.
(b) Vegetation permitted to
be cut, thinned, pruned, or removed shall be defined as any tree, shrub, or
underbrush within the zone created by points A, B, D, and E. Any existing tree
that was in existence at the time that an outdoor advertising structure was erected
shall only be eligible for removal in accordance with subsections (c), (d), and
(e) of this section. NativeTo the extent possible, native
dogwoods and native redbuds shall be preserved. A selective vegetation
removal permittee may relocate, and replace if necessary, any native dogwoods
or native redbuds existing within the cut or removal zone established in
subsection (a) of this section to a location within 2,500 feet on either side
of the outdoor advertising structure, as measured along the edge of the
pavement of the main travel way of the nearest controlled route. If a native
dogwood or native redbud cannot be preserved during relocation, a selective
vegetation removal permittee shall replace the native dogwood or native redbud
with native dogwoods or native redbuds of the same cumulative caliper inches. For
the purposes of this section, an existing tree is defined as a tree that had a
diameter of four inches or greater as measured six inches from the ground at
the time that the outdoor advertising structure was erected. An outdoor
advertising sign is considered erected when the sign is completely constructed
with a sign face.
…."
SECTION 5. G.S. 136‑133.2 reads as rewritten:
"§ 136‑133.2. Issuance or denial of a selective vegetation removal permit.
(a) Except as provided in subsection (b) of this section and G.S. 136‑133.1(g), permits to remove vegetation may be granted for outdoor advertising locations that have been permitted for at least two years prior to the date of application. The Department shall approve or deny an application submitted pursuant to this section, including the fee required by G.S. 136‑18.7 and all required documentation, within 30 days of the receipt of an application for a selective vegetation removal permit. If written notice of approval or denial is not given to the applicant within the 30‑day period, then the application shall be deemed approved. If the application is denied, the Department shall advise the applicant, in writing, by registered or certified mail, return receipt requested, addressed to the party to be noticed, and delivering to the addressee, the reasons for the denial.
(b) Notwithstanding the two‑year period required in subsection (a) of this section, permits to remove vegetation may be granted for outdoor advertising locations (i) where outdoor advertising has been relocated as allowed by law and (ii) that otherwise comply with the requirements of this section and rules adopted by the Department in accordance with this section."
SECTION 6. G.S. 136‑133.4 reads as rewritten:
"§ 136‑133.4. Selective vegetation removal permits.
…
(b) Permits are valid for a
period of one year.three years. The permittee may cut, thin,
prune, or remove vegetation more than one time per year. A 48‑hour
notification shall be provided to the Department by the permittee before
entering the right‑of‑way.
…
(d) Any damage to vegetation
designated to remain at the site, to highway fences, signs, paved areas, or
other facilities shall be repaired or replaced by the permittee to the
condition prior to the occurrence of the damage caused by the permittee or the
permittee's agent. All trimmings, laps, and debrisExcept for
authorized chips or when the Department and the permittee or the permittee's
agent agree in writing to the contrary, all cut vegetation shall be removed
from the right‑of‑way and disposed of in areas provided by the permittee.permittee
within 72 hours after commencement of the event that necessitated cutting the
vegetation. No burning or burying of trimmings, laps, or debriscut
vegetation shall be permitted on the highway right‑of‑way. When
chipping is used to dispose of trimmings,cut vegetation, chips
may be neatly spread on a right‑of‑way at locations which the
Department determines will not be harmful to the environment or affect traffic
safety.
…."
SECTION 7. Notwithstanding any provision of Article 2A of Chapter 150B of the General Statutes, no later than six months after the effective date of this act, the Department of Transportation shall adopt rules to implement the provisions of this act. The Department of Transportation shall use the following procedure to adopt rules to implement the provisions of this act:
(1) At least 15 business days prior to adopting a rule, submit the rule and a notice of public hearing to the Codifier of Rules. The Codifier of Rules shall publish the proposed rule and the notice of public hearing on the Internet within five business days.
(2) At least 15 business days prior to adopting a rule, notify persons on the mailing list maintained pursuant to G.S. 150B‑21.2(d) and any other interested parties of the Department of Transportation's intent to adopt a rule and of the public hearing.
(3) Accept written comments on the proposed rule for at least 15 business days prior to adoption of the rule.
(4) Hold at least one public hearing on the proposed rule no less than five days after the rule and notice have been published.
A rule adopted in accordance with this section becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the North Carolina Administrative Code. Any rule adopted more than six months after the effective date of this act shall comply with the requirement of Article 2A of Chapter 150B of the General Statutes.
SECTION 8. Any rule or policy adopted by the Department of Transportation that does not comply with the provisions of this act shall be null, void, and without effect.
SECTION 9. If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or applications, and to this end, the provisions of this act are severable.
SECTION 10. Section 1 of this act and G.S. 136‑133.4(b), as amended by Section 6 of this act, are effective when this act becomes law and apply to applications for permits received on or after that date. Section 2 of this act is effective when this act becomes law and applies to trees removed on or after that date. The remainder of this act is effective when this act becomes law.